The NFL Players Association formally filed its expected appeal of embattled running back Ray Rice's indefinite suspension Tuesday night – and it's no surprise the union wants the appeal taken out of commissioner Roger Goodell's hands.

"This action taken by our union is to protect the due process rights of all NFL players," the NFLPA said in a statement.

"The NFLPA appeal is based on supporting facts that reveal a lack of a fair and impartial process, including the role of the office of the Commissioner of the NFL. We have asked that a neutral and jointly selected arbitrator hear this case as the Commissioner and his staff will be essential witnesses in the proceeding and thus cannot serve as impartial arbitrators."

Appeals of discipline under the personal conduct policy normally would go back to Goodell, who extended Rice's original two-game suspension to an indefinite ban Sept. 8.

The decision came within hours of TMZ.com posting video of Rice, 27, punching his then-fiancée in the face during a February incident in an Atlantic City elevator and minutes after the Baltimore Ravens released him.

Goodell subsequently said in media interviews he was shocked by the video and Rice and his representatives had provided an "ambiguous" description of the incident in his meeting with Goodell.

After The Associated Press reported last Wednesday that a law enforcement official had mailed the tape to an NFL executive five months ago, the league retained former FBI director Robert S. Mueller III to conduct what it called an "independent" investigation into the pursuit of handling of evidence in the case.

The union didn't receive a letter explaining the suspension until Thursday and had three business days to respond, setting an 11:59 p.m. Tuesday deadline.

NFLPA executive director DeMaurice Smith has acknowledged the Rice video is "disturbing." But the union's appeal was inevitable, given the precedent it would set by not contesting Goodell's decision to punish a player twice for the same incident.

"Under governing labor law," the union statement said, "an employee cannot be punished twice for the same action when all of the relevant facts were available to the employer at the time of the first punishment."

The statement also said the hearing on the appeal "will require a neutral arbitrator to determine what information was available to the NFL and when it was available."

That hearing date must be set within 10 days of the appeal under terms of the collective-bargaining agreement.

In light of heavy criticism of Rice's initial two-game ban, Goodell last month announced an "enhanced" personal conduct policy on matters related to domestic violence or sexual assault, including a six-game ban for first offenders and an indefinite ban of at least a year for repeat offenders.

However, the wording of Goodell's letter to owners left wiggle room for shorter or longer bans depending on circumstances.

Asked if Rice is eligible to sign with a team and play until his appeal is resolved, NFL spokesman Greg Aiello wrote in an email: "The appeal doesn't change what we said on our statement about the suspension."

In other words, Rice is still suspended indefinitely and that's probably a moot point anyway, given that no team would risk the PR hit to sign him at this stage.